SONU PARASHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution is filed with a prayer to set aside the order, Annexure P -1, whereby the Review Committee of respondent -Board opined that the petitioner's height is less than the minimum height prescribed for recruitment. It is further prayed that a mandamus be issued to conduct the review medical board and issue requisite appointment order to the petitioner on the post of Senior Secondary Recruit (SSR).

(2.) THE Indian Navy issued an advertisement for recruitment for the aforesaid post. The petitioner submitted his candidature. Admittedly, for the post in question the minimum height (cut off height) is 157 cm. The Medical Board of respondent -organization found that the petitioner's height is less than the cut off height. This petition is solely based on the medical certificate (Annexure P/4) dated 24.1.2013. This certificate is issued by Dr. J.P.Sonkar, Senior Medical Officer, who is specialist in the field of treatment of Tuberculosis. In the certificate, it is mentioned that "after four months course of exercise and medicine, his height is 157.5 cm."

(3.) DURING the course of hearing, this Court found that the certificate is peculiar in nature and, therefore, by order dated 25.2.2013 directed the Government counsel to seek instructions on the medical certificate and apprise the Court as to how a Senior Medical Officer can issue this kind of certificate, more so when the doctor has specialisation in the field of Tuberculosis. In turn, the said doctor filed his affidavit before this Court. In the affidavit, he admitted that the petitioner had approached him for the purpose of getting certificate, which was required for his recruitment in Indian Navy. It is mentioned in the said affidavit dated 5.3.2013 that the certificate was issued by him but there was no ill -intention to give any undue advantage to the petitioner.